Ramesh Kumar Sharma vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Instant petition has been moved for grant of anticipatory bail under Section 438 of Criminal Procedure Code in FIR No.199/2020, dated 7.11.2020,

registered under Sections 451, 323, 354, 354-B and 506 of the Indian Penal Code, at Police Station Theog, District Shimla, Himachal Pradesh.

Interim protection was granted to the petitioner vide order dated 10.11.2020, subject to the conditions stipulated therein.

Heard learned counsel for the parties and perused the status report.

Status report does not indicate any previous criminal antecedents of the petitioner. As per the status report, the petitioner has joined the investigation

and is cooperating with the Investigating Agency. According to the status report, the FIR in question was registered on the basis of a complaint lodged

by one Lalita Sharma with the allegation of having been assaulted by the petitioner on 6.11.2020. As per the status report, the entire investigation in

the FIR is complete and the presence of the petitioner is neither required for investigation nor for any interrogation. No recovery remains to be

effected from him. The interim protection was granted to the petitioner on 10.11.2020. There is no allegation regarding his non-cooperation with the

investigating agency or that he has intimidated the witnesses/complainant or tempered with the prosecution evidence, while on bail. Petitioner is a

resident of village Kayalu, P/O Barog, Tehsil Theog, District Shimla H.P., therefore, his presence can be secured during the trial.

Against above backdrop, no fruitful purpose will be served by sending the petitioner to judicial custody, hence, the present petition is allowed and the

interim order passed on 10.11.2020 is made absolute, subject to following conditions:-

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law.

He shall fully cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in

accordance with law;

(ii). Petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever. Petitioner shall not threaten

or intimidate the complainant.

(iii). Petitioners will not leave India without prior permission of the Court;

(iv). Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person

acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer;

(v). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial.

Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of their Aadhar Card,

Telephone Number, E-mail, PAN Card, Bank Account Numbers, if any; &

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of

the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an

opinion on the merits of the matter. Learned Trial Court shall decide the main matter without being influenced by the above observations.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.

Copy dasti.